Martha Stewart's Legal Troubles
Joan MacLeod Heminway
Carolina Academic Press, 2007 - Law - 392 pages
Heminway brings together essays written by legal scholars specializing in both white collar crime and securities regulation concerning the varied legal claims made against Martha Stewart in connection with her sale of shares in ImClone Systems Incorporated in December 2001. The articles present interesting historical facts and analytical observations while raising important questions about the use of discretion in public enforcement proceedings (civil and criminal) and the elements of two popular federal claims: obstruction of justice and securities fraud under Rule 10b-5.
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Did Overcriminalization Allow for the Prosecution
Federal Prosecutorial Power and the Need
Navigating the Currents of Federal Criminal
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2d Cir accompanying text action alleged analysis Andersen Arthur Andersen Attorney Bacanovic bias chapter charges civil claim classic insider conduct context conviction corporate counts cover-up Crim criminal law deception decision defendant disclosure discretion element enforcement Enron envy evidence facts false statements federal criminal federal securities laws fiduciary duty filed government's grand jury guilty ImClone stock Indictment insider trading regulation investigation investors issuer Joan MacLeod June juror Larry Stewart last visited Law Review lawyers liability litigation Martha Stewart Living ment Merrill Lynch misappropriation theory misprision of felony misrepresentations misstatements motion MSLO MSLO's non-public information O'Hagan obstruction of justice offense perjury person Peter Bacanovic plaintiff proceeding prosecution purchase or sale requirement Rule scienter Section 10(b securities fraud shareholders specific statutes Stew Stewart Living Omnimedia Supp supra note Supreme Court tion tippee trade secret trial U.S. insider trading United violation Waksal witness